Have you ever known families engaged in will contests because (a) the will is believed to be a forgery; (b) the testator of the will was not of sound mind at the time he executed it; or (c) the testator was unduly influenced or coerced into signing the will? Or perhaps the will was not …Read More Family Settlement Agreements

Our firm has seen an increase in the frequency of complaints about a fiduciary (an executor of an estate or a trustee of a trust) self-dealing in the estate or trust property. For example, this may occur when such fiduciary purchases property belonging to the estate or trust at less than fair market value. The …Read More Voiding A Self-Dealing Transaction By An Executor Or Trustee

After many years of providing legal counsel and advice to wronged beneficiaries of trusts, I have found it important to provide insight into common situations that result in beneficiaries having legal claims. First, the trustee of the trust is the person holding legal title to the property in the trust, and the creator of the …Read More Georgia Trust Lawyer Notes

In 2010, the time period when a beneficiary must bring an action against a trustee for breach of trust was substantially reformed in Georgia, marking the second major revision of the statute of limitations for actions against trustees in recent years. Prior to 1991, O.C.G.A. §9-3-27 required that actions against certain fiduciaries, including trustees, be …Read More When may a beneficiary bring a claim against a trustee in Georgia?

To validly execute a will, a testator must possess what is referred to as “testamentary capacity.” Generally speaking, testamentary capacity is the legal and mental ability to make or alter a valid will. What constitutes testamentary capacity differs from state to state. In Georgia, pursuant to O.C.G.A. § 53-4-10(a), any individual 14 and older may …Read More What is testamentary capacity?

Probate is the legal process by which a will is proven in court as a valid public document that is the last testament of the decedent. To begin the process of probate, the will must first be “offered” to the court by a party with the power to do so. Under O.C.G.A. § 53-5-2, the …Read More Who can offer a will for probate in Georgia?

Post Navigation

Tell Us About Your Case

Name Please leave this field empty.

Email

Phone

Message

Disclaimer:The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.